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1988 Supreme(Ori) 120

HARI LAL AGRAWAL, A.K.PADHI
STATE OF ORISSA – Appellant
Versus
M. S. JAGGI – Respondent


Advocates Appeared:
P.K.MOHANTY

H. L. AGRAWAL, C. J.

( 1 ) WHETHER the allegations made by the opposite party M. S. Jaggi would constitute contempt of Court is the question which falls for our decision.

( 2 ) THE facts : the contemner was a party in two Criminal Revisions filed in this Court He was petitioner in Criminal Revision No. 558 of 1979 and opposite party in Criminal Revision No. 432 of 1979. In both the revisions, the contemner's adversary was Subash Chandra Mohapatra. On 29-4-1980 Criminal Revision No. 432 of 1979 (in which the contemner was opposite party) was taken up for hearing by J. K. , Mohanty, J. (as be then was) when the contemner had appeared in person to argue the case. Hearing was concluded and the case was reserved for judgement. Criminal Revision No. 558 of 1979 in which the contemner was the petitioner was taken up for admission by Justice Mohanty on 14-5-1980. On that day the contemner orally told the Judge not to take up the revision as his adversary Subash Chandra Mohapatra happened to be related to the Hon'ble Judge inasmuch as the mother-in-law of the Judge and the wife of the elder brother of Subash Chandra Mohapatra were sisters and particulary when the Hon'ble Judge was residin

















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